{"id":242785,"date":"2023-05-17T20:08:47","date_gmt":"2023-05-17T14:38:47","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=242785"},"modified":"2023-05-17T20:08:47","modified_gmt":"2023-05-17T14:38:47","slug":"just-not-justice-seizure-or-destruction-of-property-without-following-due-procedure-is-a-troubling-misuse-of-executive-power","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/just-not-justice-seizure-or-destruction-of-property-without-following-due-procedure-is-a-troubling-misuse-of-executive-power\/","title":{"rendered":"Just Not Justice – Seizure or destruction of property without following due procedure is a troubling misuse of executive power"},"content":{"rendered":"\n

Source:\u00a0<\/strong>The post is based on the article\u00a0\u201cJust Not Justice – Seizure or destruction of property without following due procedure is a troubling misuse of executive power\u201d <\/strong>published in The Times of India <\/strong>on\u00a017th\u00a0May 2023.<\/b><\/strong><\/p>\n

Syllabus<\/strong>: GS 2 \u2013 Government policies and interventions for development in various sectors and issues arising out of their design and implementation.<\/p>\n

Relevance<\/strong>: About the seizure or destruction of property by the state.<\/p>\n

News<\/strong>: Recently, the Allahabad high court\u2019s Lucknow bench has directed the state government to return the seized property of a gangster. This is because the seizure wasn\u2019t preceded by an inquiry into whether the property had been acquired illegally.<\/p>\n

What are the High Court’s observations regarding the seizure or destruction of property by the state?<\/h2>\n

The court also observed that there is a growing number of appeals filed by alleged or convicted criminals and peaceful protesters whose properties have been seized or bulldozed by state machinery without following due process.<\/p>\n

What are the issues associated with the seizure or destruction of property by the state?<\/h2>\n

The immediate seizure or destruction of property by state machinery is seen as \u201csummary punishment\u201d<\/strong> even before investigators can decide whether the seizure of property or its destruction, is warranted or lawful. For example, the houses of three accused in a gangrape case in MP\u2019s Rewa has nothing to do with the crime they committed.<\/p>\n

When governments and police take this summary punishment route, many lower court judges sanction these actions. Essentially, it means the executive has arrogated themselves with extra-judicial powers.<\/p>\n

Last year, a group of former judges of HCs and the SC called the apex court\u2019s attention to the sweeping seizures of property and the use of bulldozers in a number of states. They called these as \u201can unacceptable subversion of the rule of law\u201d.<\/p>\n

What should be done?<\/h2>\n

The Bengal government this year made its law on property seizure and fines more stringent to deter the destruction of public property during protests. The law\u2019s effectiveness and fair application will come down to the quality and fairness of policing.<\/p>\n

The state machinery’s application of improper seizure or destruction of property is not proper governance and not justice too.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source:\u00a0The post is based on the article\u00a0\u201cJust Not Justice – Seizure or destruction of property without following due procedure is a troubling misuse of executive power\u201d published in The Times of India on\u00a017th\u00a0May 2023. Syllabus: GS 2 \u2013 Government policies and interventions for development in various sectors and issues arising out of their design and… Continue reading Just Not Justice – Seizure or destruction of property without following due procedure is a troubling misuse of executive power<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10496],"class_list":["post-242785","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-times-of-india","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704718459},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/242785","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=242785"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/242785\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=242785"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=242785"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=242785"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}